My Lords, there are two questions which I believe we are seeking to answer by this Bill. First, what should it look like to take back control of our borders in a humane and legal way; and, secondly, how can Britain continue to be a place offering sanctuary to the world’s most vulnerable at a time of need?
Whether during the Holocaust or the flight of Ugandan Asians from Idi Amin, Britain has historically been a place of sanctuary. Post-Brexit global Britain should aspire to continue this tradition. While I agree with the objectives of the Bill, I will start with why I am raising concerns that it may not achieve its stated aim, and I will then turn to areas where it could be constructively amended, which it would be good to explore in Committee.
As we have heard, the Bill aims to disincentivise so-called irregular entry through the creation of a two-tiered system, in the hope of producing what the
Home Office calls the “pull factor” of the UK asylum system. So let us pause for a moment on what the pull factors are which encourage people to come to the UK. A few of them would be our language, our culture, the rule of law, democracy, historic ties through the Commonwealth, family connections and liberty. In short, the pull factor is not our asylum system. The pull factors which set our nation apart as a desirable place of refuge are characteristics which make Britain what it is today. No one in this House would wish to dismantle them. Britain will always be an attractive place, even with a two-tiered refugee system.
Our Government’s own equality impact assessment recognises this, saying that
“evidence supporting the effectiveness of this approach”—
that is, increased deterrence to encourage people to claim asylum elsewhere—
“is limited”.
So can the Minister outline the Government’s reasons for weakening and potentially breaching the refugee convention by discriminating between people based on their arrival, and when there is such limited evidence of efficacy?
I also have concerns that the legislation as currently drafted would create a significantly greater administrative burden, making it even harder for the Home Office to process legitimate asylum claims. This concern leads me to ask for more information from my noble friend the Minister to help this House understand how this might be handled. First, what estimate have Her Majesty’s Government made of the cost of needing to reassess a refugee’s protection needs every two and a half years? Secondly, have Her Majesty’s Government assessed the likely legal costs of judicial review applications and the compatibility of the legislation with the ECHR, the Human Rights Act and the Children Act 1989? Will this legislation’s passage be possible only alongside reforms of our human rights legislation? What steps are Her Majesty’s Government taking to ensure that the legislation does not set back the progress made in the Modern Slavery Act?
There may well be a better way forward. In my view, the only meaningful way to resolve the issue of irregular arrivals from France is through diplomacy. I know this is difficult to achieve ahead of the French election, but are we really not prepared to wait until July to see whether this might not be possible? We could create a safe-returns agreement with the French, alongside a more regular and regulated pathway. This would be in both countries’ long-term interests. What is Her Majesty’s Government’s assessment of this approach post the French elections?
There could be two further areas where the Government could improve this legislation to better protect and support those in need of asylum. The first is designating new and improved safe and legal routes. The Minister will remember that this House was given assurances from the Dispatch Box during the Brexit Bill debates that the Government would institute safe and legal pathways. Because of these assurances, our amendment to that Bill was withdrawn. These promises are yet to be fulfilled. Will the Minister bring forward an amendment to the primary legislation or secondary policies laying out the exact nature of the safe and legal routes?
Secondly, I wholeheartedly support the Migration Advisory Committee’s recent recommendation calling for the Government to institute the right to work for asylum seekers. The arguments for the right to work after six months, ranging from the benefit to the Exchequer to the boon to integration, are compelling. I will be tabling a cross-party amendment on this, and I hope to work with my noble friend the Minister on this matter.
I look forward to working as a House to support the Government to achieve their stated objectives and to ensure that our character as a compassionate nation is fully expressed, while ensuring that people smugglers are put out of business and vulnerable people are no longer exploited.
8.57 pm